Westinghouse Electric and Manufacturing Co.

National Labor Relations Board - Board Decisions

Aug 8, 1942

42 N.L.R.B. 1338 (N.L.R.B. 1942)

In the Matter of WESTINGHOUSE ELECTRIC AND MANUFACTURING
COMPANY and UNITED ELECTRICAL, RADIO AND MACHINE WORIcERS OF
AMERICA, LOCAL 1105, C I 0
Case No. R-4073 -Decided August 8, 194
Investigation and Certification of Representatives : stipulation for ceitification
upon pay-roll check
Mr. Charles A. Graham, for the Board.
Mr. R. E. Powers, of Chicago, Ill., for the Company.
Miss Alice Smith, of Chicago, I11., for the C I 0
Mr Mozart G Ratner, of counsel to the Board
DECISION ,
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
Upon petition duly filed by Local 1105 of the United Electrical,
Radio and Machine Workers of America, affiliated with the Congress
of Industrial Organizations, herein called the C I. 0, alleging that a
question affecting commerce had arisen concerning the representation
of certain employees of the Westinghouse Electric and Manufacturing
Company, herein called the Company, engaged in the operation of a
sales warehouse at 2211 Pershing Road, Chicago, Illinois, the National
Labor Relations Board provided for an appropriate hearing upon due
notice. On July 18, 1942, before a hearing was held, the Company,
the C. I. 0., and the Regional Director for the Thirteenth Region
(Chicago, Illinois), entered into a "Stipulation for Certification Upon
Pay-Roll Check."
Pursuant to the stipulation, a pay-roll check was conducted on July
18, 1942, under the direction and supervision of the Regional Director
among all hourly paid employees in the sales warehouse at 2211 Per-
shing Road, Chicago, Illinois, including elevator men and janitors, but
excluding clerical and supervisory employees, to determine whether or
not they desire to be represented by, United Electrical, Radio and
Machine Workers of America, Local 1105, C I. 0 , for the purposes of
42 N L R B, No 243
1338
WESTINGHOUSE ELECTRIC AND MANUFACTURING COMPANY 1339
collective bargaining. On July 20, 1942, the Regional Director issued
and duly served upon the parties a Report on the pay-roll check. No
objections to the conduct of the pay-roll check or to the Report have
been filed by any of the parties.
As to the pay-roll check and its results, the Regional Director
reported as follows :
'Total-number on eligibility list------------------------------ 31
Total number of employees on eligibility list whose names ap-
pear on application cards for membership of the Union and
whose signatures upon said application for membership con-
form to the signatures of the eligible employees submitted
by the Company------------------------------------------- 30
Upon the basis of the stipulation, the pay-roll check report, and
the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of Westinghouse Electric and Manufacturing
Company, 2211 Pershing Road, Chicago, Illinois, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the National Labor
Relations Act.
2. All hourly paid employees of the Company in the sales ware-
house at 2211 Pershing Road, Chicago, Illinois, including elevator
men and janitors but excluding clerical and supervisory employees,
constitute a unit appropriate for the purposes of collective bargain-
ing within the meaning of Section 9 (b) of the Act.
3. United Electrical, Radio and Machine Workers of America,
Local 1105, affiliated with the Congress of Industrial Organizations,,
has been designated and selected by a majority of the eiAployees in
the above unit as their representative for the purposes of collective
bargaining and is the exclusive representative of all employees in said
unit within the meaning of Section 9 (a) of the Act.
CERTIFICATION OF REPRESENTATIVES
By virtue of and pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor Re-
lations Act,
IT IS HEREBY CERTIFIED that United Electrical, Radio and Machine
Workers of America, Local 1105, affiliated with the Congress of In-
dustrial Organizations, has been designated and selected by a ma-
jority of all hourly paid employees employed by Westinghouse
Electric and Manufacturing Company at its sales warehouse at 2211
Pershing Road, Chicago, Illinois, including elevator men and janitors,
1340 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
but excluding clerical and supervisory employees, as their representa-
tive for the purposes of collective bargaining and that, pursuant to
Section 9 (a) of the Act, United Electrical, Radio and Machine
Workers of America, Local 1105, affiliated with the Congress of In-
dustrial Organizations, is the exclusive representative of all such
employees for the purposes of collective bargaining with respect to
rates of pay, wages, hours of employment, and other conditions of
employment
MR War M. LEISERSON took no part in the consideration of the above
Decision and Certification of Representatives